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may 2013

Supreme Court of India · 2013-05-07

SUNDARGARH ZILLA ADIVASI ADV.ASSO. vs STATE GOVT. OF ODISHA .

Citation / case number
SC 2012/12550
Court
Supreme Court of India
Petitioner
SUNDARGARH ZILLA ADIVASI ADV.ASSO.
Respondent
STATE GOVT. OF ODISHA .
Author
Madan B. Lokur
Bench
R.M. LODHA,J. CHELAMESWAR,MADAN B. LOKUR

Judgment text excerpt

The Supreme Court ruled that the provisions of the Orissa Municipal Act, 1950 do not apply to Sundargarh district, which is designated as a 'Scheduled Area' under Clause 6(1) of the Fifth Schedule of the Constitution. The Court emphasized that Article 244 and Article 243-ZC explicitly exclude Scheduled Areas from the application of municipal laws unless specifically extended by Parliament. Consequently, the writ petition was allowed, affirming the non-applicability of the municipal act in the Scheduled Area context.

SUNDARGARH ZILLA ADIVASI ADV.ASSO. vs STATE GOVT. OF ODISHA . · Niyam